Agenda item

To consider a confidential report by the Head of Planning, Regeneration and Regulatory Services (copy enclosed) seeking members’ review of six licences to drive hackney carriage and private hire vehicles for failure to comply with the Council’s requirement to successfully undertake a driver knowledge test.

The Licensing Officer (JT) submitted a confidential report by the Head of Planning, Regeneration and Regulatory Services (previously circulated) seeking members’ consideration of the suitability of six Applicants numbered 040517; 038993; 039711; 039820; 039981 and 039853 (corresponding individual reports listed at Appendix 1 – 6 respectively to the main report) to continue as licensed drivers following their failure to comply with the Council’s requirement to successfully undertake a driver knowledge test within the designated timescale.

 

During consideration of the reports some general questions were put to the officers regarding the introduction of the tests and processes for existing drivers together with the content of the knowledge test and details of pass rates.  Members expressed some concern regarding the lack of response by the licensed drivers despite numerous reminders and the officers advised that those in breach of the Council’s requirement to undertake the test could not be attributed to one particular firm or operator.  Members considered the individual circumstances relating to each Applicant separately, treating each case on its own merits as follows –

 

(1) Applicant No. 038993 (Appendix 2) – Renewal Date 31 July 2011

 

The Applicant had failed a driver knowledge test on 2 August 2011.  Since then four reminders had been issued to the Applicant and he had been informed on 14 May 2012 that the matter would be referred to the Licensing Committee.  The Applicant was in attendance in support of his case and during his submission put a number of questions to officers and questioned the validity of the decision of the Licensing Committee on 23 June 2010 to extend the knowledge tests to existing drivers.  It was established that the Licensing Committee on 23 June 2010 had resolved to introduce the test for both new applicants and for existing licensed drivers at renewal time.  The Chair asked the Applicant to confine his submission to the reasons why he had not successfully undertaken the knowledge test as required.

 

The Applicant advised that (1) his understanding of the Licensing Committee on 23 June 2010 had been to introduce the knowledge test for new applicants only and not existing drivers, (2) despite requests he had not been issued with the ‘blue book’ (the Hackney Carriage & Private Hire Licensing Conditions) on which some of the questions in the knowledge test were based, and (3) he had other responsibilities and conflicting demands on his time over the past twelve months and had not had the opportunity to retake the test.  He also advised that the witness he wished to call in support of his case had been unavailable.

 

Members took the opportunity to raise questions with the Applicant regarding his belief that the test did not apply to existing drivers and the efforts he had made to obtain a copy of the ‘blue book’.  In response to a direct question the Applicant confirmed that he would be willing to retake the knowledge test.  The Applicant indicated that he did not wish to make a final statement but thanked members for the opportunity to present his case.

 

At this juncture the committee adjourned to consider the case and it was –

 

RESOLVED that consideration of the suitability of the Applicant No. 038993 be deferred to enable the Applicant to be provided with a copy of the Hackney Carriage & Private Hire Vehicle Licensing Conditions and the opportunity to sit the driver knowledge test within the next seven days.  Failure by the Applicant to successfully undertake the knowledge test would result in the matter being brought back before the committee.

 

The reasons for the Licensing Committee’s decision were as follows –

 

The Applicant was a long serving licensed driver and his willingness to retake the knowledge test was noted.  In light of the reasons provided by the Applicant as to why he had not successfully undertaken the test to date members considered it reasonable that he be given a further opportunity to retake the test.  However, failure by the Applicant to take the opportunity provided to him to successfully complete the test would result in the matter being brought back before the committee for further consideration.

 

At this juncture (3.10 p.m.) the meeting adjourned for a refreshment break.

 

(2) Applicant No. 040517 (Appendix 1) – Renewal Date 31 August 2011

 

Seven reminders had been issued to the Applicant since his licence renewal but he had made no attempt to contact officers.  On 20 April 2012 the Applicant had been informed that the matter would be referred to the Licensing Committee for consideration.  No response had been received from the Applicant and he was not in attendance at the meeting.

 

At this juncture the committee adjourned to consider the case and it was –

 

RESOLVED that Applicant No. 040517 be suspended for a period of three months during which time he be given the opportunity to undertake the driver knowledge test.  Failure by the Applicant to successfully undertake the test would result in the matter being brought back before the committee for consideration.  Successful completion of the test within the three month suspension period would result in the suspension being lifted.

 

The reasons for the Licensing Committee’s decision were as follows –

 

The Applicant had made no attempt to contact officers despite repeated reminders and had given no indication that he would undertake the test.  In light of the Applicant’s failure to comply with the Council’s requirement and respond to the licensing authority it was considered appropriate to suspend the licence but provide the Applicant with the opportunity to successfully complete the test and retain his licence.

 

(3) Applicant No 039711 (Appendix 3) – Renewal Date 30 September 2011

 

Six reminders had been issued to the Applicant since her licence renewal but she had made no attempt to contact officers.  On 20 April 2012 the Applicant had been informed that the matter would be referred to the Licensing Committee and she had subsequently contacted officers to make arrangements to sit the test.  Unfortunately the Applicant had failed the test the previous day and she was due to retake the test the following day.  The Applicant was not in attendance at the meeting.

 

At this juncture the committee adjourned to consider the case and it was –

 

RESOLVED that consideration of the suitability of the Applicant No. 039711 be deferred to provide an opportunity for the Applicant to re-sit the driver knowledge test.  Failure of the Applicant to successfully undertake the test would result in the matter being brought back before the committee for consideration.

 

The reasons for the Licensing Committee’s decision were as follows –

 

The Applicant had shown her willingness to undertake the knowledge test and had made arrangements to re-sit the test the following day.  Accordingly it was deemed reasonable to provide the Applicant with a further opportunity to successfully complete the test.  Failure by the Applicant to successfully complete the test would result in the matter being brought back before the committee for consideration.

 

 (4) Applicant No. 039820 (Appendix 4) – Renewal Date 31 October 2011

 

Four reminders had been issued to the Applicant since his licence renewal and he had been informed on 30 April that the matter would be referred to the Licensing Committee.  The Applicant contacted the Licensing Office to arrange to take the test on 23 May 2012 but failed to attend the appointment.  Since then the Applicant had made arrangements to sit the test the following day.  The Applicant had been unable to attend the meeting in support of his case due to illness.

 

At this juncture the committee adjourned to consider the case and it was –

 

RESOLVED that consideration of the suitability of the Applicant No. 039820 be deferred to provide an opportunity for the Applicant to sit the knowledge test.  Failure of the Applicant to successfully undertake the test would result in the matter being brought back before the committee for consideration.

 

The reasons for the Licensing Committee’s decision were as follows –

 

The Applicant had shown his willingness to undertake the knowledge test and had made arrangements to sit the test the following day.  Accordingly it was deemed reasonable to provide the Applicant with the opportunity to successfully complete the knowledge test.  Failure by the Applicant to successfully complete the test would result in the matter being brought back before the committee for consideration.

 

(5) Applicant No. 039981 (Appendix 5) – Renewal Date 31 October 2011

 

Five reminders had been issued to the Applicant since his licence renewal and he had made no attempt to contact officers.  On 30 April 2012 the Applicant was informed that the matter would be referred to the Licensing Committee.  No response had been received from the Applicant and he was not in attendance at the meeting.

 

At this juncture the committee adjourned to consider the case and it was –

 

RESOLVED that Applicant No. 039981 be suspended for a period of three months during which time he be given the opportunity to undertake the driver knowledge test.  Failure by the Applicant to successfully undertake the test would result in the matter being brought back before the committee for consideration.  Successful completion of the test within the three month suspension period would result in the suspension being lifted.

 

The reasons for the Licensing Committee’s decision were as follows –

 

The Applicant had made no attempt to contact officers despite repeated reminders and had given no indication that he would undertake the test.  In light of the Applicant’s failure to comply with the Council’s requirement and respond to the licensing authority it was considered appropriate to suspend the licence but provide the Applicant with the opportunity to successfully complete the test and retain his licence.

 

(6) Applicant No. 039853 (Appendix 6) – Renewal Date 31 October 2011

 

Five reminders had been issued to the Applicant since his licence renewal and he had made no attempt to contact officers.  On 30 April 2012 the Applicant had been informed that the matter would be referred to the Licensing Committee and he had subsequently contacted officers to make arrangements to sit the test.  Unfortunately the Applicant had failed the test the previous day and he was due to retake the test shortly.  The Applicant was not in attendance at the meeting.

 

At this juncture the committee adjourned to consider the case and it was –

 

RESOLVED that consideration of the suitability of Applicant No. 0389853 be deferred to provide an opportunity for the Applicant to re-sit the driver knowledge test.  Failure of the Applicant to successfully undertake the test will result in the matter being brought back before the committee for consideration.

 

The reasons for the Licensing Committee’s decision were as follows –

 

The Applicant had shown his willingness to undertake the driver knowledge test and had made arrangements to re-sit the test.  Accordingly it was deemed reasonable to provide the Applicant with a further opportunity to successfully complete the knowledge test.  Failure by the Applicant to successfully complete the test would result in the matter being brought back before the committee for consideration.